27-28 NOVEMBER Hyatt Regency Hotel, Sharm El Sheikh, EGYPT. Gold Sponsor. United Nations Commission on International Trade Law

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1 Hyatt Regency Hotel, Sharm El Sheikh, EGYPT Cairo Regional Centre for International Commercial Arbitration (CRCICA) United Nations Commission on International Trade Law (UNCITRAL) Arab Union of International Arbitration (AUIA) International Federation of Commercial Arbitration Institutions (IFCAI) Gold Sponsor

2 0BIntroduction The Cairo Regional Centre for International Commercial Arbitration holds the fourth round of its international conference "Sharm El Sheikh" on the vital role of State courts in international commercial arbitration, on 27 and 28 November 2012, at the Hyatt Regency hotel, in Sharm El Sheikh,. This round comes after a series of unprecedented political events in the Arab world, accompanied by reforms and developments in favor of the independence of the Arab judiciary, which is expected to play a more active role in the settlement of trade and investment disputes in general, and commercial arbitration in particular. This development in the Arab world has been accompanied by a no less important development in the field of legislation. Since July 2012, the Kingdom of Saudi Arabia enacted new law on arbitration, marking as such the most important legislative development in this part of the world. Also, a draft law on commercial arbitration is in the process of being issued in Iraq. The objectives of the said draft law include the creation of a modern arbitration infrastructure in Iraq that would be compatible with the best practices in international commercial arbitration, taking into consideration the latest developments in the field of comparative international arbitration. In the near future, it is expected, that the United Arab Emirates, Libya and other Arab countries will also be witnessing similar developments in their respective legal frameworks governing commercial arbitration. The obvious characteristic of the aforementioned legislative developments is probably the fact that they are focusing on the regulation of the supportive, concurrent and supervisory roles of State courts in the field of commercial arbitration. This emphasizes the importance of Sharm El- Sheikh IV, which will identify the salient features of the new legislative amendments in the Arab world, and will provide an in-depth analysis of the new trends in the relevant judicial case law. It should be noted that some European countries like France have recently introduced fundamental amendments to their arbitration laws. The new French arbitration reform confirms the choice of Paris as a reliable place for international commercial arbitrations. Also, recently, in England, Switzerland and other European and Asian countries as well as the United States, several remarkable court judgments were issued, representing interesting milestones in the relationship between State courts and arbitration. The recent developments in the field of international commercial arbitration were not limited to judicial precedents and legislative reforms; they include successive amendments in the arbitration rules of several major international arbitral institutions, such as the Rules of the International Chamber of Commerce (ICC), the Swiss Rules of Arbitration and the Arbitration Rules of the Cairo Regional Centre for International Commercial Arbitration ( CRCICA), as well as other arbitral institutions in Asia and Europe. The UNCITRAL was the first to achieve the amendment of its Model Arbitration Rules in The above illustrates the relevance of the Sharm El-Sheikh IV conference, which aims at identifying the latest and salient legislative, institutional, and judicial developments in the field of international commercial arbitration, in a comparative manner including Arab, European and Asian States, as well as the United States. This will be done not only from the perspective of lawyers, judges and arbitrators, but also from the perspective of Arab, regional and international arbitral institutions that are playing a prominent role in assisting State courts in achieving their noble goal of rendering justice. 1BTopics: Salient judicial applications of the UNCITRAL Model Arbitration Law as amended in Salient judicial applications of the UNCITRAL Model Arbitration Rules as amended in Salient judicial applications of the new French arbitration law (2011). Salient judicial applications of the new Saudi arbitration law (2012). 2BThe Supportive Role of State Courts The appointment of arbitrators and the role of State Courts in avoiding the growing conflicts of interest (Do national courts consult the IBA guidelines on conflicts of interest in international arbitration?) The appointment of arbitrators by State courts (the stance of the Court of Cassation and the Court of Appeal in ). The appointment of arbitrators by State courts in multiparty arbitrations. The role of state courts in ruling upon the requests for challenging arbitrators in ad hoc arbitrations and their position in relation to the decisions on challenges issued by arbitral institutions (positions of State courts and arbitral institutions). Consequences of successful challenges of arbitrators (Does the successful challenge of a co-arbitrator affect the appointment of the chairman of the arbitral tribunal? If an arbitrator is successfully challenged, should the hearings be repeated?) Removal of arbitrators (termination of the mission of the arbitrator). Recent trends regarding the appointment of sitting judges as arbitrators (the timing of obtaining the required approvals from the competent judicial authorities). 1

3 The Concurrent Role of State Courts Enforcement of the arbitration agreement (the efficiency of anti suit injunctions in light of the recent comparative judicial case law). Interim measures (in light of the amendments of UNCITRAL model law in the judicial enforcement of interim measures). The judicial review of the validity of the arbitration agreement during the arbitral proceedings. The judicial review of the extension of the arbitration agreement to non signatories (the role of party autonomy in jurisdictional issues related to non signatories in group of corporate companies ). 4BThe Supervisory role of State Courts The relationship between the selected rules of procedure and the mandatory rules of procedure of the law of the place of arbitration. The courts position vis a vis the recent amendments in arbitration rules of the different institutions (CRCICA Swiss Rules ICC 2012). Are national laws on civil procedure the general primary source for arbitral proceedings? (the recent ian and comparative judicial positions) 5BEnforcement of arbitral awards The enforcement of foreign arbitral awards in the Arab world: Realities and perspectives. State Courts and the res judicata of partial and final awards. The Relationship between the judgments of the country of origin of the arbitral award and those of the country of enforcement of the arbitral award. Latest developments regarding the law applicable to the enforcement of foreign arbitral awards in. The rejection of the enforcement of foreign awards or its recognition for its conflict with a previous award issued by state courts of country of enforcement. Comparative judicial positions regarding the enforcement of foreign awards pursuant to the New York Convention of 1958 ( the courts position with respect to the interpretation of the Convention [as a national law or an international convention], do courts impose additional conditions related to the jurisdiction of arbitrators for enforcement of foreign awards- the scope of the supervisory role of courts regarding the compliance of the award with public policy (examples of cases refusing the enforcement of awards violating public policy- the comparative judicial positions relating to the distinction between national and international public policies). 6BThe setting aside of Arbitral Awards Assessment of the efficiency of the setting aside motion as a means of challenging arbitral awards. Has the time come to allow the appeal against arbitral awards? The judicial review of the jurisdiction of arbitral tribunals (recent comparative judicial positions- does the first glance still belong to the arbitrator, while the ultimate word is to state courts?) Recent trends regarding the annulment of arbitration clauses in administrative contracts and the jurisdiction of administrative courts in deciding setting-aside motions filed against arbitral awards rendered in connection with administrative contracts. The comparative judicial positions regarding the liability of arbitrators and arbitral institutions ( judicial immunity of arbitrators and arbitral institutions- between extension and limitation) 7BThe Opening Session H.E. Dr. Nabil Elaraby: Secretary-General of the League of Arab States ; Chairman of the Board of Trustees, Cairo Regional Centre for International Commercial Arbitration (CRCICA) () H.E. Coun. Mohamed Momtaz Mitwaly: President of ian Court of Cassation; President of the Supreme Judicial Council (EGYPT) Ms. Diana C. Droulers: President, International Federation of Commercial Arbitration Institutions (IFCAI) ; Executive Director of the Arbitration Centre of CARACAS Chamber of Commerce (Venezuela) Mr. Timothy Lemay: Principal Legal Officer and Head of the Legislative Branch of the International Trade Law Division / Office of Legal Affairs, the Secretariat of the United Nations Commission on International Trade Law (UNCITRAL) (AUSTRIA) Coun. Dr. Borhan Amrallah: Former President of the Cairo Court of Appeal; Secretary-General of the Arab Union of International Arbitration (AUIA) () Dr. Mohamed Abdel Raouf: Director of the Cairo Regional Centre for International Commercial Arbitration (CRCICA) () 2

4 Selection of Speakers: Dr. Abdel Hamid El Ahdab President, Arab Association for International Arbitration ; Secretary -General of the Euro Arab Association for International Arbitration Coun. Dr. Adel Koura Former President of the ian Court of Cassation; Former President of the ian Supreme Judicial Council Lebanon Judge. Ahmed Ouerfelli Judge, Legal Adviser to the President of the Republic of Tunisia Tunisia Prof. Dr. Ahmed S. El Kosheri Senior Partner of Kosheri, Rashed and Riad Law Firm; Former Vice-President of the ICC Court of Arbitration Dr. Al-Kony Ali Abouda Professor at the Faculty of Law University of Tripoli, Former Director General of the Judicial Institute Libya Prof. Bernardo M. Cremades Former President of the Spanish Court of Arbitration; Senior Partner of the Spanish Law Firm B. Cremades y Associates Spain Coun. Dr. Borhan Amrallah Former President of the Cairo Court of Appeal; Secretary-General of the Arab Union of International Arbitration (AUIA) Ms. Diana C. Droulers President, International Federation of Commercial Arbitration Institutions (IFCAI) ; Executive Director of the Arbitration Centre of CARACAS Chamber of Commerce Venezuela Prof. Dr. Fathi Waly Professor of law; Former Dean, Faculty of Law, Cairo University ; International Lawyer and Arbitrator Dr. Hamza Haddad Director of the Law and Arbitration Centre ; Former Secretary-General of the Arab Union of International Arbitration ; Former Jordanian Minister of Justice Jordan Dr. Hassan Alami Chairman, Euro-Mediterranean Center for Mediation and Arbitration Morocco Mr. Hassan Mohamed Arab Lawyer - Partner and Regional Head of Litigation Department at Al Tamimi & Company Law Firm UAE Coun. Ismail Al Ziady President of the Commercial Seventh Circuit, Cairo Court of Appeal Dr. Karim Hafez Senior Partner HAFEZ; Member of the Arbitration Court of the London Court of International Arbitration- London Dr. Karim Youssef Partner, Head of Middle East Arbitration, Mena Associates (in association with Amereller Rechtsanwälte); Associate Professor of Private and International Law, Cairo University Prof. Dr. Mahmoud S. El Sharkawy Lawyer before the Court of Cassation ; Professor of Commercial and Maritime Law ; Former Dean, Faculty of Law, Cairo University ; International Lawyer and Arbitrator Ms. Marie Öhrström Former Deputy Secretary General of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC), Communication Manager, Setterwalls Law Firm Sweden Dr. Minas Khatchadourian CEO & Secretary General, Qatar International Center for Conciliation and Arbitration Qatar - Dr. Mohamed Abdel Raouf Director of the Cairo Regional Centre for International Commercial Arbitration (CRCICA) Coun. Mohamed Amin El Mahdi Former President of the ian State Council; Former President of the High Court Dr. Mohamed S. Abdel Wahab Founding Partner and Head of the International Arbitration Group at Zulficar & Partners Law Firm; Assistant Professor of Private International Law at the Faculty of Law (Cairo University), Vice-Chairman, Chartered Institute of Arbitrators (Cairo Branch) Dr. Nasser Al-Zaid Executive Chairman, Kuwait Mediation and International Arbitration Chamber (KMIAC) Kuwait Dr. Nassib Ziadé Director of the Dubai International Arbitration Centre (DIAC); Former Deputy Secretary- UAE- General of the International Centre for Settlement of Investment Disputes (ICSID) Lebanon Dr. Philippe Leboulanger Cabinet Leboulanger ; Chairman, French Arbitration Committee France Ms. Rabab M.K. Yasseen Partner, Mentha & Partners, Geneva; Deputy Judge- Geneva Civil Courts Switzerland - Iraq Mr. Sami Houerbi Director for Eastern Mediterranean. Middle East and Africa, ICC Dispute Resolution Services Tunisia Mr. Stefano Azzali Secretary-General of Milan Chamber of Arbitration ; Secretary-Treasurer, International Federation of Commercial Arbitration Institutions (IFCAI) Italy Dr. Tag Elsir M. Hamid Former judge of the High Court (tbc) Sudan Mr. Timothy Lemay Principal Legal Officer and Head of the Legislative Branch of the International Trade Law Division / Office of Legal Affairs, the Secretariat of the United Nations Commission on International Trade Law (UNCITRAL) Austria Prof. Dr. Yehia El Gamal Professor of Public Law, Faculty of Law Cairo University ; Senior Partner, Law Firm of Dr. Yehia El Gamal & Abdel Aziz Salem 3

5 Accommodation: Hyatt Regency Hotel 300US$ accommodation in a single room without a companion 375US$ accommodation in a Double room 525US$ accommodation in a Triple room Please note ians Non ians Registration Fees include: Three nights 26, 27, 28 November - Sea view, departure will be on 29 th November 2012 (12 O clock - noon). Accommodation is on bed and breakfast (open buffet) basis; all inclusive. Three nights 26, 27, 28 November Sea view, departure will be on 29 th November 2012 (12 O clock - noon) for two persons. Accommodation is on bed and breakfast (open buffet) basis for two persons; all inclusive. Three nights 26, 27, 28 November Sea view, departure will be on 29 th November 2012 (12 O clock - noon) for three persons. Accommodation is on bed and breakfast (open buffet) basis for three persons; all inclusive. Direct Sea edge view rooms are available for special rate 150 US$ for a single room and 175US$ for a double room. Special rates are offered for suites upon request. Participation Fees (Without Accommodation) 1700 L.E. 450 US$ Attendance of the working sessions Conference Papers' bag Lunch for the participant on 27th and 28th November Coffee Breaks Important Hotel Regulations: Accommodation Reservation : (Please read carefully) 1. Registration for attending the conference and paying participation fees is to be made with CRCICA. 2. Receiving CRCICA's letter confirming your participation. 3. Sending your accommodation Request (copied to CRCICA: sharm@crcica.org.eg ) to : Mr. Walid Awny, Hyatt Regency Hotel, Sharm El Sheikh Tel : ( ) walid.awny@hyatt.com, rania.lotfy@hyatt.com Hotel accommodation is confirmed only after receiving bank transfer or valid credit card. Last date for receiving hotel reservations is 21st November Reservations after that date will be dealt with according to rooms availability. Important notes: 1. Hotel reservation is to be made directly with Hyatt Regency Hotel without the interference of CRCICA; including any further requests: airport reception, changing dates, etc. 2. Accommodation will be reserved only after CRCICA letter confirming your participation. 3. Check-In time is p.m. 26 th November2012. Early chick-in cases must be informed 48 hours before arrival and will be dealt with according to rooms availability. 4. Check-out should not exceed 12 O clock (noon) 29 th November Late check-out till p.m. 50% of the room rate will be charged. Starting from p.m. 100% of the room rate will be charged. 5. The above-mentioned hotel rates include service and taxes currently applied. In case of any new governmental taxes, Hyatt Regency Hotel will be entitled to increase its rates according to the new taxes. Additional services : Free transfer from and to airport (and vise versa) is to be arranged by Hyatt Regency Hotel for Air local flights. Participants who wish to use this service are kindly requested to confirm with the Hotel upon reservation. Transfer by private Limousine is available at 30US$; to be arranged by the Hotel. 4

6 Method of payment : Cash payment Certified cheque to be issued in the name of the Cairo Regional Centre for International Commercial Arbitration Direct bank transfer to : Account No. : (SWIFT CODE: NSGBEGCX), National Societe Generale Bank, Al Kamel Mohamed Branch, Zamalek, Cairo. In case of direct bank transfer, please make sure that the bank transfer expenses are not deducted from the total transferred amount and we will much appreciate providing CRCICA with a copy of the bank transfer order to check with our Bank and confirm receiving to you later. Please note that in its capacity as an international organization working in CRCICA is exempted from all direct taxes by virtue of the Presidential Decree No. 399/1987. SPONSORSHIP packages For information on SPONSORSHIP packages, please contact the Conferences and External Relations Department, Cairo Regional Centre for International Commercial Arbitration Sponsorship privileges follow: Foremost visibility of Firm's logo throughout the promotion for the event and during the event (in the promotional flyer, on CRCICA s website, on the final conference programme.) A4 corporate marketing flyer into the conference bag. Recurring screen show of sponsor s activities during the intervals between working sessions (materials to be provided by sponsor). Firm s Brochures and Flyers to be displayed on the sponsors exhibition table. Limited Discount off the registration fees. For interested firms, please contact us at: conferences@crcica.org.eg 13BFor further details please contact Conferences and External Relations Department, Cairo Regional Centre for International Commercial Arbitration 1 Al-Saleh Ayoub St., Zamalek , Cairo, Tel. (00202) /5/ /3 - Fax (00202) Address: sharm@crcica.org.eg web site: 5

7 Registration Form Please fill in clear BLOCK CAPITAL for ease of registration Title: (Mr.- Ms.- Dr..) Name : Nationality: Occupation: Place of Business : Address : Tel : Mobile : Fax : Payment method : ( cash - check - Bank transfer) Date of payment: How did you get the announcement? Fax Mail Arrival date: Departure date: Notes: Date Signature 6

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